Civil Liberties

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Barron v. Baltimore significant to the interpretation of the Bill of Rights

it determined the fifth amendment only applied to actions of the federal government

Constitutional guarantees that protect citizens, opinions, and property are known as civil ____

liberties

based on their experiences with the british, what types of gov action did the framers of teh constitutin seek to protect citizens against?

limitations on speech, censorship, and confiscation of property

symbolic speech

non-verbal communication such as picketing or wearing an arm band to signify protest

indecent or offensive speech or expression that is not protected under the first amendment is known as

obscenity

civil liberties

the constitutionally established guarantees that protect opinions and property against arbitrary gov interference

neutrality

the establishment clause allows the government to provide nonbiased support toward all religious groups

accommodation

the establishment clause allows the government to support any religious group as long as it does not rise to the level of an official state religion

separationism

the establishment clause does not allow for any support of relgious sect

which of the following constitutional amendments establish formal rules from conducting a trial

the fifth amendment and the sixth amendment

the bad tendency test

the government can restrict any speech that has the potential to incite crime or threaten the peace

the clear and present danger test

the government can restrict any speech that poses a threat that the government has the ability to prevent

the clear and probable danger test

the government can restrict any speech to avoid a threat of grave danger, like an armed takeover of the US

Near v. Minnesota

the government could not restrict the publication of a news story accusing Jews of a variety of crimes

New York TImes v. US

the government could not restrict the publication of documents containing information about the Vietnam War that could contribute to an ongoing political debate

Gideon v. wainwright, the supreme court establismed that

the government must provide lawyers to individuals who cannot afford their own attorney

the USA patriot act

the law passed by congress soon after 9/11 attacks that allows the FBI and other intelligence agencies to access personal information and records without consent from the targeted individuals

due process protections

the legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures

selective incorporation

the process by which the supreme court gradually applied freedoms that served some fundamental principle of liberty to the states

The second amendment protects

the right for states to have a well-regulated militia and the right for individuals to possess firearms

right to privacy

the right of the individual to be left alone to make decisions freely

fifth and sixth amendments establish

the right to an attorney and the right to a fair trial

established protections according to Miranda v, Arizona

the right to an attorney and the right to remain silent

sixth amendment protections

the right to counsel, the right to a speedy and public trial, and the right to a trial by jury

sixth amendment protections

the right to counsel, the right to a speedy public trial, and the right to a trial by jury

which of the following fifth amendment protections, if any, have NOT been incorporated as a protection by the supreme court

the right to grand jury indictment

the bad tendency test

the standard whereby any speech that has the potential to incite crime or disturb the peace can be silenced by the government

the clear and present danger test

the standard whereby the government can silence any speech that will pose a threat that the government has the ability to prevent

total incorporation

the theory that the 14th amendment due process clause requires states to uphold freedoms guaranteed in the Bill of rights

supreme court generally interpreted the establisment clause in tehir rulings over time

there is no set interpretation. The court has often shifted back and forth in its opinions

the purpose of the selective service act

to facilitate the military draft

Griswold v. Connecticut

Roe v. Wade

what function do the criminal due process rights in the 4,5,6,8 amendments fulfill

They establish guidelines for law enforcement, trial, and punishment

Supreme court considers ___ as the strictest importance in determining what constitutes a reasonable search

a requirement of a warrant

scrunity of the imminent lawless action test

a website operated by a group that advocates attacks on American citizens that includes weapons training manuals

the second amendment protects and supports which of the following

a well-regulated militia and the right to keep and bear arms well-regulated militia, necessary to the security of a street State, the right of the people to keep and bear arms, shall not be infringed

subject under consideration in Roe v. Wade

abortion

name of the 11798 laws that criminalized any speech or writings critical of the government, congress, or the president

alien and sedition acts

intimate assosiations

allows americans to maintain private human relationships as part of personal liberty

expressive associations

allows people to form associations with others and to practice their first amendment freedoms

The constitutional freedom of religion protects

an individual's free exercise of religion, all religious groups, and all nonreligious groups

the Supreme court has been more willing to allow the government to impose constraints on __ media

broadcast

true democracy __ when the government controls the press

cannot survive

fighting words in doctrine of

chaplinsky v. New Hampshire

the establisment clause is often iterpreted as a seperation of __ and __

church and state

why is freedom of speech important to the democratic process

citizens must be able to publicly criticize their government and citizens must be able to share information and ideas

establishment

clause of the First amendment requires government neutrality toward religious institutions

free exercise

clause prohibits the government from taking hostile action toward individuals' practice of their religion

supreme court decision in Schenck v. US established which of the following test

clear and present danger test

an advertising statement is known as

commercial speech

the freedoms of religion, privacy, and criminal due process encourage which of the following types of engagement

community

fifth amendment prohibits

compelled self-incrimination double jeopardy

fifth amendment prohibits

compelled self-incrimination and double jeopardy

exclusionary rule forbids

courts to admit illegally seized evdience during a trial

opponents of intelligent design claim that the theory is another form of ___

creationism

During world war I, all speech and writings judged to be critical of the US Government were

criminalized

considerations of the lemon test for assessing a government program's relationship with religious institutions

does the program have a secular purpose, does the program have as its principle effect the advancement of relgion, does the program crete excessive entanglement between the church and state

considerations of the lemon test

does the program have as its principal effect the advancement of relgion, does the program actively support a single religious perspective, does the program create excessive entanlgment between the church and state

which of the following standards are included in the obscentity test defined by the supreme court in miller v. california

does the work as a whole lack seriuos literary, artistic, political, or scientific value does the average person applying contemporary standards find that the work appeals to be prurient interest does the work depict in an offesive wy a fomr of sexual conduct specifically prohibityed by anit-obscenity laws

civil liberties advocats concrns regarding the government use of drone

drones may violate privacy rights and drones may obtain evidence for criminal investigations in unconstitutional ways

which of the following arguments relate to the controversy surrounding the Second amendment

easy access to firearms is a threat to public safety and gun ownership creates a free and safe society

how has the government tried to accommodate for the protection against cruel and unusual punishment in regard to implementation of the death penalty

ensuring executions are carried out in the most humane and painless manner possible

slander

false verbal statements about others

libel

false written statements about other that harm their reputation

the bad tendency test remains the standard by which the supreme court allows the government to restrict speech today

false; the court returned to the standard or the clear and present danger test in the 1930s

what system exists to protect the civil liberties of American citizens

federal courts

the Gitilow v. New york, the supreme court determined that an aspect of the ___ amendment applied to the states

first

protected under the first amendmenet

flag burning and publicly addressing a crowd with a speech

The first amendment clause barring the government from passing any laws that prohibit an individual's practice of his or her religion is known as the ___ ___ clause

free exercise

The first amendment freedoms that support civic discourse include which of the following freedoms

freedom of assembly, freedom of the press, and freedom of speech

freedoms encourage community and civic engament

freedom of privacy, freedom of criminal due process, the freedom of relgion

whic of the following are essential in order to effectively engage in political life

freedom of speech and freedom to congregate

the courts stance on freedom of assembly cases is often analogous with its stance in

freedom of speech cases

state funding programs, based on the supreme court decision, in lemon v. kurtzman are least likely to withstand scrunity under the establishment clause if the program

has a significant effect on advancing a religion

supreme court decision found that the application of the death penalty was arbitrary and discriminatory and thus, was incompatible with the standards in contemporary society

Furman v. Georgia

Supreme courth determined that privacy rights extend to consesual activity between same sex partners in

Lawrence v. Texas

The ACLU is one the several groups that __ post 9/11 anti-terror meausres such as domestic surveillance wihout warrant

has been critical of

Since the terrorist attacks of september 11, 2001, Americans in general are more likely to accept some infringement of their freedoms

in order to be protected from the possibility of a future terror attack

why has the supreme court placed restrictions upon the freedom to assemble

in order to preserve order and public safety

Civil libertarians are more likely to make which of the following arguments in the wake of 9/11

increased security measures might violate individual freedoms and rights

amendments for right to privacy in the US constitution

interpretation of 4th amendment and itnerpretations of the 5th amendment

The Supreme court ruled that the constitution protects two types of freedom of association, including __ associations, which are close human relationships maintained as part of an individuals personal liberty

intimate

Tinker v. Des Moines

vietnam war protesters could wear black armbands to school, illustrating their political beliefs

US v. O'Brien

vietnam war protesters were prevented from destroying their draft cards because government had a compelling interest that overrode this specific form of protest

All forms of speech are protected under the US Constitution

False

Rank the following interpretations of the establishment clause from most strict to most flexible

1. separation 2. neutrality 3. accommodation

Rank the following Supreme Court standards for restricting speech from the oldest to the newest test

1. the clear and present danger test 2. the bad tendency test 3. the clear and probable danger test 4. the imminent lawless action test

which amendments ensure criminal due process

4th, 5th, 6th, and 8th amendments

percentage of americans said that religion was fairly or very important in their lives

81 percent

the imminent lawless action test is also called the

Brandenburg test and incitement test

the court ruled in reno v. aclu that the internet is more like __ media

print

in the case of Near v, Minnesota, the supreme court establish a rule against censorship known as

prior restraint

8th amendment

protection against cruel and unusual punishment

which of the following types of speech are protected under the first amendment

pure speech and symbolic speech

due process

refers to the legal safeguards that prevent the government from arbitrarily depriving citizens of their constitutionally protected rights

civil rights

reflect positive acts of government for the purpose of protecting individuals against arbitrary or discriminatory

according to the establishment clause, the government is required to

remain neutral toward all religious institutions

what post 9/11 practice involves moving suspected terrorist to other nations for interrogation

rendition

given the governmental interest in protecting the health of society, commercial speech related to tobacco advertising is

restricted

fighting words

speech that inflicts injury or results in public disorder

first amendment freedoms

speech, assembly, petition, and relgion

pure speech

spoken words communicating ideas, opinions, or information

Mapp v. Ohio, the supreme court extended the exlusionary rule to __ court proceedings

state

which of the following levels of government does the Bill of Rights apply to today

state and federal

In Mapp v. Ohio, the supreme court extended the exlusionary rule to __ court proceedings

states

supreme court decision in 1925 case Gitlow v. NY

states were required to protect freedom of speech as a fundamental liberly

what is one concern in expanding the government's authority during times of national emergency

such actions will limit an individual's first amendment rights

During WWI, the supreme court was more willing to ___ political speech that opposed the war effort

suppress

which of the following elements found in the US Constitution enunciates individual liberties

the Bill of Rights

act of legislation legalized the surveillance of communications without a warrant or court obtained by the US government

the Protect American Act

prior restraint

the attempt to block the publication of material that is considered to be harmful


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